Kimberly A. Blake – July 28, 2014 The recent flurry of foreclosures in California results in the ownership of a foreclosed home being forcibly transferred to new owners, often the bank lenders. Sometimes these foreclosed homes also are in the middle of lengthy construction defect litigation. When a home is foreclosed upon in the middle… Continue reading Right to Recovery for Construction Defects in Foreclosed Home – Does it Matter Who Owns the Home?
Tag: construction defects
Three Strikes on Defective Work Insurance Claim
Stanley A. Martin – July 22, 2014 A federal appeals court recently retired, in short order, a contractor’s insurance claim arising from defective work. The claim arose when scratches were noted on a glass storefront, shortly after installation by one sub but also after preliminary cleaning by another sub, and two days before the store was… Continue reading Three Strikes on Defective Work Insurance Claim
No Coverage for Installation of Defective Steel Framing
Tred Eyerly – June 23, 2014 The California Court of Appeal affirmed the trial court’s holding that the insurer had no duty to defend claims arising out of the insureds’ installation of defective steel framing in an apartment building. Regional Steel Corp. v. Liberty Surplus Ins. Corp., No. B245961(Cal. Ct. App. May 16, 2014) [decision here]. Regional… Continue reading No Coverage for Installation of Defective Steel Framing
Policyholders Must Be Vigilant for Construction Defect Exclusions, Including For Impaired Property to Combat Insurance Companies’ Drastic Measures (and Big Money)
Second Circuit – Architect’s Faulty Designs were Two Separate Defects
Matthew D. Stockwell – July 15, 2014 On June 23, 2014, the Second Circuit Court of Appeals issued a decision in the case Dormitory Authority of the State of New York v. Continental Casualty Company (2014 WL 2808073), a declaratory judgment action filed by a building owner against the architect’s insurance carrier over the faulty design of… Continue reading Second Circuit – Architect’s Faulty Designs were Two Separate Defects